Political science

Interpreting torts, explaining contracts

Article Abstract:

Jules L. Coleman's analysis of torts and contracts in 'Risks and Wrongs' contains some helpful insights as well as some flaws. His account of the market system as facilitating cooperation among heterogeneous individuals, his use of efficiency analysis to resolve theoretical conflicts in contract law and several aspects of his analysis of tort law are particularly illuminating. Problems include the small scope of his account of tort law and an inadequate account of contracting behavior in relation to contract law. More attention to methodological issues would have enhanced Coleman's argument.

Author: Schwartz, Alan

Publisher:Harvard Society for Law and Public Policy, Inc.Publication Name:Harvard Journal of Law & Public PolicySubject:Political scienceISSN:0193-4872Year:1992

Contracts

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Rational contractarianism, corrective justice, and tort law

Article Abstract:

Jules L. Coleman in 'Risks and Wrongs' advocates a rational contractarian political theory while rejecting the market paradigm; he also rejects Kaldor-Hicks efficiency as a normative standard for evaluating tort law, but stops short of advocating corrective justice as an alternative standard. However, the idealistic assumptions of rational contractarianism are unrealistic, and Coleman's critique of the economic analysis of tort law is not fully developed. Tort law practices such as proportional fault cannot be justified according to principles of corrective justice.

Author: Arneson, Richard J.

Publisher:Harvard Society for Law and Public Policy, Inc.Publication Name:Harvard Journal of Law & Public PolicySubject:Political scienceISSN:0193-4872Year:1992

Justice

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Jules and the tortist

Article Abstract:

Jules L. Coleman's 'Risks and Wrongs' raises questions concerning rationality in relation to contractarianism and concerning rational contractarianism in relation to tort law. Coleman's account of individual rationality is flawed, in that he confuses conditions related to bargaining outcomes with conditions related to choice. He also draws a questionable distinction between individual and collective rationality. His account of tort law in terms of corrective justice does not improve on the rational contractarian view.

Author: Gauthier, David

Publisher:Harvard Society for Law and Public Policy, Inc.Publication Name:Harvard Journal of Law & Public PolicySubject:Political scienceISSN:0193-4872Year:1992